Rights to Unreleased Session Work

[the captain]

While listening to Postcard's "Don't Fight the Sea" again, I was wondering about how rights to unreleased recordings work, specifically in the Beach Boys environment. Is there any generally true way to characterize them, or does it vary significantly situation to situation? Is it based on who was bankrolling the various sessions? Would DFTS have been Al's all along, or did he have to purchase or license it now? Thanks.

[Wirestone]

I've recalled hearing that whoever was the prime mover behind the session creatively tends to have say over the material.

Thus, Brian can scotch any Smile sessions release, even though Capitol and the rest of the band would probably love dearly to have it out.

But specifically with Al, I don't know. I think everyone's a little curious about how he pulled that album off ...

[Andrew G. Doe]

Basically, whoever paid for the session owns the rights to those tapes.

[willy]

Often thought about this, specifically — and you know what's coming — SMiLE ... should Brian himself (i.e. Melinda ) EVER wish to put out (and not that he would...) a SMiLE Sessions project/CD/Box, could he release it as a "Brian Wilson Production..." without the say of the other BBs? It wasn't a Brother project, and the songs were largely Brian and Van Dyke's. Bet this has been covered before.

[the captain]

Basically, whoever paid for the session owns the rights to those tapes.

That's more or less what I was guessing. But then if the funder/tape-owner happens to be under contract at the time of the sessions, then releases those tapes later while not under contract, I'd think complications could arise. For example, say said funder happened to be a Beach Boy under (presumably exclusive?) contract to Caribou/CBS, and then just happened to be an obsessive tinkerer to the point of releasing those tapes 25 years later when no longer under contract. Wouldn't his Beach Boy contract--assuming it was exclusive--come into play even though he was long-since free of labels?

[Andrew G. Doe]

Often thought about this, specifically — and you know what's coming — SMiLE ... should Brian himself (i.e. Melinda ) EVER wish to put out (and not that he would...) a SMiLE Sessions project/CD/Box, could he release it as a "Brian Wilson Production..." without the say of the other BBs? It wasn't a Brother project, and the songs were largely Brian and Van Dyke's. Bet this has been covered before.

They could certainly put a Smile Sessions box out, and as produced by Brian Wilson, just as soon as they agreed leasing terms from Capitol, who own the tapes.

[c-man]

Often thought about this, specifically — and you know what's coming — SMiLE ... should Brian himself (i.e. Melinda ) EVER wish to put out (and not that he would...) a SMiLE Sessions project/CD/Box, could he release it as a "Brian Wilson Production..." without the say of the other BBs? It wasn't a Brother project, and the songs were largely Brian and Van Dyke's. Bet this has been covered before.

They could certainly put a Smile Sessions box out, and as produced by Brian Wilson, just as soon as they agreed leasing terms from Capitol, who own the tapes.

...but to Willy's point, I think it would still have to be released as a "Beach Boys" product, since Capitol's funding of the original sessions was from the Beach Boys recording budget allocated per their contract.  They could (and I'm sure would) add the tagline "Produced by Brian Wilson" in big bold lettering, ala the "Pet Sounds" box set, to satisfy the BW camp.

[PongHit]

Basically, whoever paid for the session owns the rights to those tapes.

So Brian paid for the "Soul Searchin'" sessions that ended-up on GIOMH?

[c-man]

Basically, whoever paid for the session owns the rights to those tapes.

So Brian paid for the "Soul Searchin'" sessions that ended-up on GIOMH?

The Wilson/Paley sessions were completely self-funded by BW.  That's where the backing track originates from.  Carl's vocal comes from an official Beach Boys session...not sure how the politics there shook out, other than I know Carl's estate had to grant permission...but perhaps that was via their one-fourth ownership of BRI?

[Awesoman]

Basically, whoever paid for the session owns the rights to those tapes.

So Brian paid for the "Soul Searchin'" sessions that ended-up on GIOMH?

The Wilson/Paley sessions were completely self-funded by BW.  That's where the backing track originates from.  Carl's vocal comes from an official Beach Boys session...not sure how the politics there shook out, other than I know Carl's estate had to grant permission...but perhaps that was via their one-fourth ownership of BRI?

Hopefully permission will someday be granted to put out the original version of this song; the one with the superior Beach Boys vocals. 

[c-man]

Basically, whoever paid for the session owns the rights to those tapes.

So Brian paid for the "Soul Searchin'" sessions that ended-up on GIOMH?

The Wilson/Paley sessions were completely self-funded by BW.  That's where the backing track originates from.  Carl's vocal comes from an official Beach Boys session...not sure how the politics there shook out, other than I know Carl's estate had to grant permission...but perhaps that was via their one-fourth ownership of BRI?

Hopefully permission will someday be granted to put out the original version of this song; the one with the superior Beach Boys vocals. 

I second that.